Empire Pipeline, Inc.

Original Volume No. 1

Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 131 Original Sheet No. 131

GENERAL TERMS AND CONDITIONS

4. NOMINATIONS, SCHEDULING AND ALLOCATION (Cont'd.)

(4) gas quality provisions set forth at Section 6 of

these General Terms and Conditions.

(vii) Receipts of gas at a receipt point for which TTT Noms

have been acknowledged by Transporter will be allocated

among shippers pro rata based upon confirmed nominations

in the absence of a single Pre-Determined Allocation

Methodology applicable to all shippers delivering gas to

Transporter at such receipt point.

(viii) The processing of TTT Noms as set forth herein shall be

performed at no charge by Transporter.

(ix) With respect to title transfer transactions, the

provisions of Section 28 of these General Terms and

Conditions, applicable to "Shipper" or to a "party" shall

be applicable to Title Transfer Parties, and the

provisions therein applicable to "Transporter" or to a

"party" shall be applicable to Transporter.

4.2 Scheduling of Transportation and Allocation of Capacity. When

deemed necessary by Transporter, Transporter may require

confirmation from any upstream or downstream party that

scheduled receipts and deliveries will occur prior to scheduling

receipts and deliveries on its system. Transporter may decline

to schedule receipts and deliveries through segments of its

system if such action is required in Transporter's judgment by

weather or the necessity to conduct maintenance, repair or

replacement activities with regard to its facilities, to

schedule Department of Transportation compliance activities, to

install taps, to test operational equipment, compressors or

compressor station equipment, or similar activities affecting

capacity and operations of portions of its system, or as a

result of conditions of force majeure, as described at Section

28.6 of these General Terms and Conditions. Transporter shall

schedule receipts and deliveries of gas for shippers in a

sequence that is the reverse of the order in which capacity is

curtailed pursuant to Section 9 of these General Terms and

Conditions.